Common use of Other Indebtedness and Agreements Clause in Contracts

Other Indebtedness and Agreements. Make any amendment or modification to any indenture, note or other agreement evidencing or governing any Indebtedness (other than Indebtedness hereunder of the Company or any of its Subsidiaries) or to the Tax Sharing Agreement, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire any such Indebtedness, (except, when no Default or Event of Default exists, (i) to the extent described on Schedule 4.20 and (ii) for the prepayment of Subordinated Debt solely from the Net Cash Proceeds received by the Company from the primary sale or sales of shares of common stock (which may not be Disqualified Stock)of the Company pursuant to any one or more public offerings thereof), or designate any Indebtedness (other than the Indebtedness under the Loan Documents and under Rate Hedging Agreements with Lenders) as "Designated Senior Debt" under the Senior Subordinated Debt Documents.

Other Indebtedness and Agreements. Make any amendment or modification to any indenture, note or other agreement evidencing or governing any Indebtedness (other than Indebtedness hereunder of the Company or any of its Subsidiaries) or to the any Tax Sharing AgreementAgreement or any Mexican Facility Document, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire any such IndebtednessIndebtedness or any Mexican Facility Obligation, (except, when no Default or Event of Default exists, (i) to the extent described on Schedule 4.20 and (ii) for the prepayment of Subordinated Debt solely from the Net Cash Proceeds received by the Company from the primary sale or sales of shares of common stock (which may not be Disqualified Stock)of Stock) of the Company pursuant to any one or more public offerings thereof), or designate any Indebtedness (other than the Indebtedness under the Loan Documents and under Rate Hedging Agreements with Lenders) as "Designated Senior Debt" under the Senior Subordinated Debt Documents.